Colombia Trademark registration
Colombia is a member of the Andean Pact. According to the Andean Pact agreement, there are common rules in trademark law in all member states of the Andean Pact (Bolivia, Colombia, Ecuador, Peru). Legal basis is the Trademark Law, contained in the Andean Pact Decision 486 concerning industrial property, in force since December 1st, 2000. Trademark protection is obtained by registration.
Requirements
A trademark application has to be filed before the Patent Office by a local agent. A power of attorney duly granted before a notary public, together with the notarial certification as to the existence and representation of the company further apostilled, or legalized before the Consul of Colombia, will be necessary to complete a trademark application. Foreign applicants do not need a domestic registration. Foreign applicants can only file through an officially recognized agent.
Procedure
The application process includes a formal examination and an examination of distinctiveness, but no search for prior trademarks. It takes approximately 15 working days before an office action is issued by the trademark authority or registration. After registration the trademark is published in the monthly “Gaceta de la Propiedad Industrial”. The opposition period is 30 working days from publication date of the application. Oppositions are also possible by owners of trademarks in other member states of the Andean Pact.
Duration
A trademark registration in Colombia is valid for 10 years and starts with registration date. The registration is renewable for periods of 10 years.
Methods
NATIONAL REGISTRATION: If you just want to register your Trademark in one country, it is sufficient to apply for a national registration at the local trademark office. INTERNATIONAL REGISTRATION (MADRID SYSTEM)*: If you already have filed a trademark application or have a trademark registration in one or more countries of the Madrid Union (based on the Madrid Agreement and Madrid Protocol), you can obtain trademark protection by filing one single application, so called International Registration (Madrid System). *Note: The fees for an International Trademark Application (WIPO) will be calculated for each individual country or multiple countries. For a quotation please send us an e-mail with the name of countries where you currently have a registration and all preferable countries where you wish to extend your trademark protection.
Extra
Duly note, if the trademark has not been used for a continuous period of 3 years in a member state of the Andean Pact, it becomes vulnerable to cancellation